Friday, 12 September 2014

Probation Rules under Saudi Labor Law

Saudi Labor Law deals with probation rules very clearly. There are some terms and clauses regarding probation rules in Saudi Labor Law about which we shall be explaining in this article. As per Article 53 of the Saudi Labor Law, if the employee is subject to a probation period, that should be expressly mentioned and clearly indicated in the work contract. Such probation period shall not exceed 90 days, exclusive of Eid al-Fitr and Eid al-Adha holidays and sick leaves.

Each party has the right to terminate the contract during probation period unless the contract embodies a clause giving the right to terminate the contract to only one of them. During the probation period and as per the clauses of Saudi Labor Law, each party has the right to terminate the contract without even issuing any notice period during probation period.

Article 53 of the Suadi Labor Law sets the maximum limit of 90 days of the probation period. Article 54 of the Saudi Labor Law states that an employee cannot be put on probation more than once by the same employer. However, there is an exception to this rule. An employee can be put on probation by the same employer for a period not exceeding three months if he rejoins the company after termination or a different job is offered to him. If the contract is terminated during the probation period, neither party shall be entitled to compensation nor shall the employee be entitled to an end-of-service award.

Latest Amendment: It has been approved by the Ministry of Labor that the employer is required to provide leaves to the employee in probation on Eid-ul-Fitr and Eid-ul-Adha and during illness. Source: Arab News


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